Question from franz, Can Heirs Waive Their Waiver of Inheritance Rights in the USA?
Answer from AI:
In general, once a waiver of inheritance rights has been executed, it is considered irrevocable and cannot be undone. This is based on the principle of “estoppel,” which prevents a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.
Waiver of Inheritance Rights
A waiver of inheritance rights is a legal document in which an heir renounces his or her right to receive assets from an estate. Once signed, it is typically irrevocable, meaning it cannot be withdrawn or undone. This is based on the legal principle of estoppel, which prevents an individual from asserting something contrary to a previous action or statement.
Who Inherits When a Beneficiary Dies?
When a beneficiary (in this case, C) dies, their inheritance typically passes to their own heirs, as per their will or, if they die intestate (without a will), as per state intestacy laws. If C died without a spouse or children, the inheritance might go to other relatives such as siblings, parents, or more distant relatives, depending on the specific laws of the state.
Can A, B, D, and E Reclaim Their Waived Inheritance?
In the scenario you described, A, B, D, and E waived their rights to their parents’ inheritance in favor of C. If C dies, A, B, D, and E generally cannot “waive the waiver” they executed. Their decision to waive their inheritance rights was likely considered final and irrevocable.
Who Inherits C’s Property?
The heir of C would be determined by C’s will or, if C died without a will, by state intestacy laws. If C did not have a spouse or children, the inheritance might go to other relatives such as siblings, parents, or more distant relatives. In this case, F, who did not waive his inheritance rights, might also have a claim.
Legal Advice is Recommended
This is a complex situation and laws can vary by state. It’s recommended that the parties involved consult with a legal professional for personalized advice. A lawyer can provide guidance based on the specific laws of the state and the details of the situation.
For more information on inheritance laws, you can visit the Legal Information Institute’s page on Inheritance.